Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This book documents the journey of the survivors of sexual violence as they navigate the gruelling criminal justice and health care systems and the stigma and hostility in their communities in the aftermath of the incident. Through personal narratives of survivors and their family members, the book examines critical gaps in the existing networks of criminal procedure, health, and rehabilitation for survivors of sexual violence and rape. Using qualitative research, it distills the narratives gathered through interviews with survivors and their family members to understand their experiences and offers. The book contributes to the corpus of literature on different forms of violence against women in India with an emphasis on understanding the effectiveness of institutions, both formal and informal, in responding to sexual violence, and offering suggestions for changes in the health and support systems available to them. It documents post-incident interactions of survivors with family, community, the police, courts, lawyers, and hospitals and highlights the impact of rape on physical and mental health, work, relationships, education and housing for survivors and their families. This book will be of interest to those engaged in providing support to survivors of sexual violence as well as students and researchers of social work and social policy, health and social care, law, gender studies, human rights and civil liberties, gender and sexuality, social welfare, and mental health.

Planning how to pass your estate on doesn't have to mean complications, legal jargon and huge bills. "Wills, Probate and Inheritance Tax For Dummies, 2nd Edition" takes you through the process step-by-step and gives you all the information you need to ensure that your affairs are left in good order. It shows you how to plan and write your will, minimise the stress of probate, and ensure that your nearest and dearest are protected from a large inheritance tax bill.

Discover how to: Decide if a will is right for you Value your assets Leave your home through a will Appoint executors and trustees Choose beneficiaries Draw up a DIY will Work out how inheritance tax works and if you're liable to it Find out what can and can't be taxed

Africa is known for its multi-faceted immaterial culture, manifested in highly original music, oral texts, artistic performances and sporting events. These cultural expressions are increasingly regulated by intellectual property rights, as orally transmitted stories are written down, traditional songs broadcast and ownership claimed, and sporting activities once part of village life become national media events. This volume brings together an interdisciplinary team of legal experts, anthropologists and literary scholars to explore, from an African point of view, what happens to intangible cultural goods when they are confronted with large-scale commodification and distribution through media technologies, and globalized and divergent judicial systems, institutions and cultural norms. These transformations are observed in contexts that range from Senegalese wrestling contests to beauty pageants in Mali, from Kenyan hip-hop to the Nigerian novel, from the vuvuzela horn to Cameroonian masks. Contributors address the role of the state and the legacy of the European origination of IP laws, as well as the forms of ownership, technologies of mediation and degrees of commercialization that existed pre-colonially in different African societies. Resisting a single narrative of the imposition of a Western legal regime displacing older African modes, a more complex picture is revealed of the intricate interconnections between pirates, artists, communities, governments and international organizations. It is only when local actors embrace technologies and regulations in a specific historical situation that these become influential forces for change. The question raised is not whether international IP norms conform to African practices, nor whether media impose Western styles, but rather what local actors do with these regulations and how both local and Western practices and technologies impact on each other and co-exist. 'Intellectual property (IP) has become central to global governance but we have little idea of how this international legislation plays out on the ground. This pioneering book shows how local actors use IP rather than the other way around. A must-read for anyone interested in intellectual property.' Isabel Hofmeyr, Visiting Global Distinguished Professor, New York University; Professor of African Literature, University of the Witwatersrand 'A deeply engaging and evidence-rich analysis of the worlds into which intellectual property law, specifically copyright law, has entered in Africa and its effect on these worlds. This collection illustrates the best of what edited volumes can do: create a diverse, informed, and compelling conversation about a specific yet complex topic.' Dr. Hauke Dorsch, AMA African Music Archives, Johannes Gutenberg Universitat Mainz

Drawing from a wide range of material and socio-legal methods, this collection brings together original essays - written by internationally renowned scholars - investigating emerging patterns in the shape and form of the legal regulation of domestic relations. Taking as a focus the theme of 'caring and sharing, ' the collection includes chapters which reflect on: the changing contours of what we think of as 'domestic relations' * the impact that legal recognition carries in making visible some relationships rather than others * the potential for normative values carried within patterns of legal recognition and regulation * intersections between private law and public policy * the role of private law in the allocation of responsibility and privilege * the differential impact of seemingly progressive policies on economically vulnerable or socially marginal groupings * tensions between family law models and models carried within other fields of private law * and, unusually, architectures in law and the built environment designed to facilitate broader accounts of domestic relationships. This thoughtful, provocative, and wide-ranging collection will be a must for anyone, whatever their discipline background, interested in the insights and potential offered by a fresh engagement with the complexity of domestic relations and the law. It will also appeal to the general reader as it addresses topics of human interest, such as family, intimacy, and caring. (Series: Onati International Series in Law and Society

This book deals comprehensively with the question of the scope of copyright protection for computer programs. Offering a unique blend of scholarship, technical rigor, and readability, it dispels the confusion and controversy that surround the application of copyright law to computer programs. Through an orderly development of facts and analysis it shows why the copyright law is the appropriate regime for software protection and explains the nature of copyright protection for software. Alternating between essay format and case study, the book provides expert counsel to those interested in this interface between technology and law. "Software, Copyright, and Competition: The Look and Feel' of the LaW," is undoubtedly one of the best pieces of legal scholarship in any subject this editor has ever had the pleasure to read. As to its subject matter, it is the best analysis of look and feel' written to date. . . . The book is very readable. Not only does the author explain' the law for the non-lawyer, but he explains the zen' of computer programming to the non-programmer. With wit and insight he puts to rest the many old wives tales the legal community believes about programmers. . . . In the best of all possible worlds, this book would be mandatory reading for any judge or arbitrator faced with a look and feel' case. "The Software Law Bulletin," January 1990

Two forces, innovation and imitation, fuel the intense competition that underlies the dramatic technological progress taking place in the computer industry. As the competitive battleground shifts increasingly to the software sector, a vigorous debate has arisen over whether the principal legal regime for protecting the asset value of computer programs--the copyright law--encourages or inhibits that competition. Industry executives, computer lawyers, law professors and lawmakers alike are participating in the debate, the outcome of which will quite literally shape the future of the computer industry.

This book deals comprehensively with the question of the scope of copyright protection for computer programs. Offering a unique blend of scholarship, technical rigor, and readability, it dispels the confusion and controversy that surround the application of copyright law to computer programs. Through an orderly development of facts and analysis it shows why the copyright law is the appropriate regime for software protection and explains the nature of copyright protection for software. Alternating between essay format and case study, the book provides expert counsel to those interested in this interface between technology and law.

- Clear and accessible, the book is Ideally suited for undergraduates who prefer a pedagogically informed style of text. - Can be used as a core text as well as helping students with revision. - Covers all the latest caselaw and debates. - The new edition features a revised website with a range of features, including multiple choice questions to assist students who may take the Solicitor Qualifying Exam in later years.

Technological change has transformed the ways knowledge is developed and shared internationally. Accordingly, in the quarter-century since the WTO was established, and since its Agreement on Trade-Related Aspects of Intellectual Property Rights came into force, both the knowledge dimension of trade and the functioning of the IP system have been radically transformed. The need to understand and respond to this change has placed knowledge at the centre of policy debates about economic and social development. Recognizing the need for modern analytical tools to support policymakers and analysts, this publication draws together contributions from a diverse range of scholars and analysts. Together, they offer a fresh understanding of what it means to trade in knowledge in today's technological and commercial environment. The publication offers insights into the prospects for knowledge-based development and ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge.

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.

* Makes mental health case law accessible and usable to practicing forensic professionals * Provides a huge range of fascinating legal case studies offering real-world significance * Case studies summarise complex legal decisions through a neuropsychological sieve, to highlight the neuropsychological details. * Allows both legal and psychological communities to better understand each other's professions * Includes a glossary of clear definitions of both legal and mental health terms.

* Makes mental health case law accessible and usable to practicing forensic professionals * Provides a huge range of fascinating legal case studies offering real-world significance * Case studies summarise complex legal decisions through a neuropsychological sieve, to highlight the neuropsychological details. * Allows both legal and psychological communities to better understand each other's professions * Includes a glossary of clear definitions of both legal and mental health terms.

Drawing on interdisciplinary research methods from musicological and legal scholarship, this book maps the historical terrain of forensic musicology. It examines the contributions of musical expert witnesses, their analytical techniques, and the issues they encounter assisting courts in clarifying the blurred lines of music copyright.

1) The book provides an understanding of GI from legal and policy perspectives. 2) It focuses on the handloom industry in India. 3) The book will be of interest to departments of development studies, IPR studies, policy studies and South Asian studies across UK and USA.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into - and the consequences that may ensue if this is not done - makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

Originally published in 1968, we were witnessing a new - and welcome - emphasis on Comparative Law, both in the Universities and even the practising profession, together with a quickened interest in the law of family relations. This volume provided a wealth of information for anyone wishing to study these relations in a widely comparative context. The chapters cover not only the basic law of marriage and divorce in a number of developing countries both in Asia and Africa, but also discuss in considerable detail the ways in which matrimonial property is regulated under different systems. This was a highly topical subject at the time, when our own law of matrimonial property was under criticism and active reconsideration. The book also treats such subjects as the eclipse of the patriarchal family in contemporary Islamic law, religious law and the modern family in Israel, the juristic basis and context of Parsi family law, and contemporary family law in Southern Africa.

Showcases a rights based participatory approaches to policy-making, practice and research with children and youth. conceptualise a rights based participatory approach. Interrogates the challenges and complexities in the implementation of a rights based participatory approach. Includes 17 newly-written chapters.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.

This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.

This book considers a new approach to online copyright infringement. Rather than looking at the subject within a purely technological context, it provides legal analysis from a human perspective. This book highlights that there are three key instances in which the capacity of a human mind intersects with the development of copyright regulation: (1) the development of copyright statutory law; (2) the interpretation of the copyright statutory law the judiciary; and (3) human interaction with new technology. Using a novel framework for constructing digital perspectives, the author, Dr Hayleigh Bosher, analyses the laws relating to online copyright infringement. She provides insights into why the law appears as it does, shedding light on the circumstances of how it came to pass and demonstrates a clear malfunction in the interpretation and application of copyright law to online activities that derives from the disconnect between the technological and the human perspectives. The book proposes putting the human element back into copyright analysis to enable the return of reason where it has been lost, and provide a clearer, more consistent and fair legal regulation of online copyright infringement. Law, Technology and Cognition: The Human Element in Online Copyright Infringement will be of interest to students, academics, researchers, as well as practitioners.

With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Using the UK as a case study the book aims to provide a detailed rationale for the tension between a policy perspective that tries to provide protection for victims of such practices through legislation and the need to better understand a phenomenon that constantly evolves as a result of new technology, disruptive adoption and social norms.

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the twenty-first century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship emotions have with key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal.