Recent rapid housing market expansion in China is presenting new challenges for policy makers, planners, business people, and citizens. Now that housing in middle-income China is driven by consumer choices and is no longer dominated by state policy decisions, housing policy issues in Chinese cities are becoming increasingly similar to those encountered in other global housing markets. With soaring prices and imbalances in housing supply favoring high income groups and housing demand driven by rising inequality in household incomes, many middle and lower-income households face worsening choices in terms of the quality and location of their housing as well as greater financial difficulties, which together can have negative implications for standards of public health. This book examines the impact of these changes on the general population, as well as on aspiring homeowners and developers. The contributors look at the effect on the widening of wealth gaps, slower economic growth, and threats to political and social stability. Though focusing on China, the editors also present discussions of specific policy design challenges encountered in Australia, Japan, Korea, the Netherlands, the Nordic countries, Singapore, Taiwan, the UK, and the US. This book would be of interest to housing policy makers, as well as academics who are studying the social and political effects of the Chinese housing market.

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation * Land rights and the acquisition of traditional land rights * Issues surrounding 'public interest' *Alternatives to expropriation *The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.

Most up to date multi-national look at this complex and increasingly significant area of land and property law Chapters covering: UK, Australia, USA, Canada, China, Spain, Brazil, The Netherlands and Singapore

Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.

Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the "death of the author" along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship-valorizing individuality, ownership, and originality-serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors' abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, concussions in the NFL, and the Boeing 737 Max scandal. Text reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.

Private property's form is crucial to contemporary debates in land use and environmental policy and management. For some, restrictions on private property are so severe as to threaten the very freedoms property is designed to protect. For others, the realities of life in the 21st century require property's reshaping. The re-emergence of private property as an issue of social conflict within US policy and politics is explored in this comprehensive volume. Private property is central to American character, culture and democracy. The founding fathers understood it as key to the liberties America was designed to foster. However, over the last 200 years what one owns has evolved; ownership is different now than for an owner 200, 100, even 50 years ago. Harvey Jacobs has brought together an interdisciplinary, politically divergent group of contributors to speculate on private property's future. The ownership and control of privately owned lands is critical for many fields. Scholars, students, and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture will all find this volume of great interest.

Intellectual Property and Health Technologies

Balancing Innovation and the Public's Health

Joanna T. Brougher, Esq., MPH

At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them.

"Intellectual Property and Health Technologies" grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among forms of legal protection for inventors such as copyrights and patents, explains their limits, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies in terms of pricing, markets, and especially the tension between innovation and access, including:

The patent-eligibility of genesThe patent-eligibility of medical process patentsThe rights and roles of universities and inventorsThe balancing of access, innovation, and profit in drug developmentThe tension between biologics, small-molecule drugs, and their generic counterpartsInternational patent law and access to medicine in the developing world

As these issues continue to shape and define the debate, "Intellectual Property and Health Technologies" enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine. "

Intellectual Property offers unrivalled coverage of all major intellectual property rights and is designed to equip you with a strong understanding of the wealth of domestic, European and international laws at play in this area. This tenth edition has been substantially updated and streamlined to ensure the book best fits the contemporary intellectual property syllabus. Key updates to the new edition include: * Significant restructuring to reduce the length of each chapter without compromising on coverage of each topic. * A revised chapter structure which maps closely to the structure of a typical intellectual property module. * Discussion on the creation of a European patent with unitary effect and a Unified Patents Court. * Coverage of the new codifying trade mark regulation and the trade mark directive requiring implementation in 2019. * An outline of the Intellectual Property (Unjustified Threats) Act 2017. * Consideration of the potential wide-ranging effects of Brexit in relation to intellectual property rights and protections.

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning in order to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning in order to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalization. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? If they create regulations, should these reflect the rules of the physical world? How can one enforce national rules in a world where acts take place somewhere in Cyberspace? This text presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonization, international co-operation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalization. This volume shows to what extent governments are meeting this challenge.

This book re-considers property law for a future of environmental disruption. As slogans such as "build the wall" or "stop the boats" affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.

This book re-considers property law for a future of environmental disruption. As slogans such as "build the wall" or "stop the boats" affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.

The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.

Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents' overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being "unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them." This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.

Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on the question of which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, others envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers and analysts, as well as academics researching or teaching in law schools, business schools, public policy schools, and in economics and political science departments.

The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system - primarily by working out the concept and its importance in establishing liability - and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.

Over the past 40 years, considerable progress has been made in lowering rates of domestic violence in our communities. This progress has been uneven, however, due to continuing misconceptions about the causes and dynamics of domestic violence, which include an exaggerated focus on males as perpetrators and females as victims, as well as a heavy-handed law enforcement response that compromises the rights of criminal defendants without necessarily reducing violence. Gender and Domestic Violence presents empirical research findings and reform recommendations for prosecutors, criminal defense attorneys, policy makers and intervention providers with the aim of rectifying shortcomings in legal and law enforcement responses to domestic violence. The volume's editors and chapter authors confront the notion that certain beliefs shared among victim advocates, legal actors, and other stakeholders - principally that domestic violence is bound by gender, and is primarily a crime against women - have led to the use of ineffective and potentially harmful one-size-fits-all intervention policies that can jeopardize defendant due process and victim safety. Domestic violence experts, legal scholars, and practicing attorneys present how gendered aspects of domestic violence affect legal decision-making and practice and provide strategies for becoming more inclusive in the adjudicative process, intervention/prevention, and practice. Gender and Domestic Violence: Contemporary Legal Practice and Intervention Reforms provides the foundation from which we can begin to move beyond the gender paradigm by recognizing disparities and applying tools that improve research, policing, and practice, allowing us to progress toward eradicating domestic violence, and to move closer to equality.

The Marriage Act 1836 established the foundations of modern marriage law, allowing couples to marry in register offices and non-Anglican places of worship for the first time. Rebecca Probert draws on an exceptionally wide range of primary sources to provide the first detailed examination of marriage legislation, social practice, and their mutual interplay, from 1836 through to the unanticipated demands of the 2020 coronavirus pandemic. She analyses how and why the law has evolved, closely interrogating the parliamentary and societal debates behind legislation. She demonstrates how people have chosen to marry and how those choices have changed, and evaluates how far the law has been help or hindrance in enabling couples to marry in ways that reflect their beliefs, be they religious or secular. In an era of individual choice and multiculturalism, Tying the Knot sign posts possible ways in which future legislators might avoid the pitfalls of the past.