A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

From land management to water rights, this volume looks at the current status of Common Property Resources, or CPRs, in South Asia. Developed countries, have managed to establish well-defined property rights over numerous resources and in some instances extended non-exclusionary rights over privately owned resources over an extended period of time. In the developing world, however, the share of community property is extensive, either as a response to an expanding market or because the exposure to markets in still in its nascent stage. This coupled with the demands of globalization, has led to the co-existence of both community ownership of resources as well as an evolving private property rights market.
This tension between public versus private ownership rights is particularly relevant in the developing countries of South Asia, not only because of its shared history but also because of its resources frequently cross national boundaries. This book tells the story of CPRs and the commons in a rapidly changing South Asia. Including contributions from those working with natural resources in Bhutan, India, Nepal, Pakistan, and Sri Lanka, the papers discuss issues such as equity in distribution; efficiency and productivity of resources; sustainability of resources; and institutional transition and governance.

This book offers a new look at the legal and cultural implications of bequests that crossed the color line. ""Fathers of Conscience"" examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law.Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues - over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.

Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships--marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace--in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.

For developing countries, a stable and secure supply of electricity is crucial for industrial and commercial development, and for the well-being of their populations. Since the early 1990s, the main mechanism for constructing power generation facilities in developing countries has been the independent power project (IPP) model, where a foreign private entity enters into long term investment contracts with host government entities. This model has succeeded in attracting investment, but raises complex regulatory and contractual challenges in addition to public concerns. This book - drawing on project contracts, available information about relevant contractual practices (including private interview sources), case law from disputes between investors and host countries, and literature commenting on the legal and economic aspects of the investment's structure - analyzes the IPP model's consequences for development. The author identifies six main consequences for development: * The IPP model has led to private investment, which has increases reliability, modernization and introduced private standards; * It contains an intrinsic structural weakness in times of economic downturns; * It has shown a tendency to lead to overinvestment in generation capacity; * It has shown a tendency to lead to to expensive and suboptimal solutions regarding choice of design and technology; * The model (and its institutional surroundings) contains insufficient disincentives against moral hazard and exploitative behavior (including corruption); and * The IPP model does not facilitate the further development of the host country's power sector. The author argues that these consequences for development can be improved without detrimentally compromising the private sector's willingness to continue to invest. While pursuing this analysis, the author also explores such issues as the following: * the web of parties and contracts constituting the IPP model; * the extent of the host country's legal obligations; * the private investors' legal investment protection, including political risk insurance; * the aggregate allocation of risk and responsibility,including to what extent foreign investors also are protected . against commercial and credit risks; * the competing needs of predictability and flexibility; * how the IPP model, and its institutional surroundings, have reacted to nummerable and * credible allegations of corruption during procurement * the role an investor's home government including its national export credit institution; * incentives as catalysts of moral hazard, observable in Indonesia's IPP program; and * identification of factors reducing, or increasing, the IPP model's tendency to fail during severe economic recessions

Rather suddenly (since 1990 or so), intellectual property rights have asserted their legal presence in countries throughout Asia. However - even though the TRIPs agreement has in many cases been the catalyst - their legal framework has come with complex, inescapable influences from Asian history, including religious factors, traditional bureaucracies, and the heritage of colonialism and communism. More often than not, it is these distinct cultural aspects that continue to raise difficulties for business people and their counsel as they seek to protect their intellectual property rights in these vibrant growing markets. This text is a country-by-country survey of the essentials of intellectual property law in the developed and developing nations of eastern and southern Asia. Separate chapters, each written by an authority or authorities in the law of the country he or she covers, clearly explain the intellectual property law regimes in China, Taiwan, Hong Kong, Macao, Japan, Korea, Vietnam, Singapore, Malaysia, Thailand, The Philippines, Indonesia, and India.

This book explores the evolution of contract law in England, France, Germany and Italy during the last one hundred years from the perspectives of law and its context. Dr Niglia's treatment of contract law is fundamentally distinct from that in legal comparativist studies. It reassesses classical descriptive, analytical and normative positions and thoroughly submits that contract law is not a legal abstraction. It is part of a more concrete story of societal developments, the reflection of each polity's legal and political order. In particular, the book discovers an interaction between the core area of contract law, the law of standard form contracts, and the socio-economic and political history of the past century of England, France, Germany and Italy. As such, it is argued that the law has been strongly influenced by defining state 'choices' about the citizenry's welfare and security. The key argument is provided that during the course of the last decade--as a result of the epoch-making impact of Community 're-regulatory' processes--a major transformation of the legal structure has been gaining ground, alas yet unnoticed in legal comparative studies. In the first instance, the book engages those interested in contract law and its 'Europeanisation', in the law of standard form contracts, and in comparative and economico-legal aspects of contract law. However, this book will also interest the reader expert in Community law, even if unconcerned with contract law. It is a studious investigation into one of the 'underworlds' of which European integration is composed. It looks at certain aspects which are central to Community consumer policy, and it presents an in-depth analysis of themaking and enforcement of the directive on unfair terms in consumer contracts.

'This book guides us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely.' - Trevor Cook, Bird & Bird LLP, UK 'This text has been well drafted and documented, the legal analysis is sound and competent and the author manages to provide useful insights into UK and US law. She also manages to put her subject in perspective, taking into account the inevitable policy issues, which, however, could be extended to what the actual role of the court is in the much-debated EU copyright harmonisation. I strongly recommend reading this book.' - Irini Stamatoudi, European Intellectual Property Review Full harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement. Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book's holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US. Originality in EU Copyright will appeal to academics, policymakers and EU officers, students, practitioners and in-house counsels. Contents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: 'United in Diversity' - Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography Index

Contract law is increasingly used to serve regulatory purposes considered beyond the reach of private law. This Handbook explores a range of modern practices that are not typically treated in standard expositions of this area. By exploring these phenomena, it reveals the changing role of regulatory private law in a globalised legal world - one where distinctions between public and private law, hard law and soft law, and rule making and contracting have become increasingly blurred. Contributors explore key examples drawing on an extensive range of private law. The book pays close attention to the use of codes of conduct to coordinate and steer behaviour in business-to-business and business-to-consumer relationships, concerning health and safety, environment, and employment conditions. It also examines the formation of contractual `networks', such as franchises, to regulate multi-party trade relationships, and the application of contracts and contract law to secure business and consumer compliance with public standards. With its global reach and detailed research, this Handbook will appeal to academics exploring the potential of new law making methods and practitioners looking to gain insight into emerging approaches to private law. Contributors include: A. Beckers, R. Brownsword, R.R. Condon, D. Leczykiewicz, M. Mataija, M.-C. Menting, H.-W. Micklitz, C. Mitchell, M. Namyslowska, E.T.T. Tai, R. van Gestel, P. Verbruggen

The luxurious spending habits of Italians in the Renaissance are well known. This is the first comprehensive study of the sumptuary laws that attempted to regulate the consumption of luxuries. Catherine Kovesi Killerby provides a chronological, geographical, and thematic survey of more than 300 laws enacted in over 40 cities throughout Italy, and sets them in their social context.

"This is an excellent and rare exploration of a sensitive religious issue from many perspectives - legal, cultural and political. The case studies from Indonesia, Malaysia, Singapore and Thailand portray the important and exciting, yet very difficult, negotiation of Islamic teachings in the changing realities of Southeast Asia, home to the majority of Muslims in the world. Interreligious marriage is an important indicator of good relations between communities in religiously diverse countries. This book will also be of great interest to students and scholars of religious pluralism in a Southeast Asian context, which has not been studied adequately." - Zainal Abidin Bagir, Executive Director, Center for Religious and Cross-cultural Studies (CRCS), Gadjah Mada University, Indonesia "The issue of Muslim-non-Muslim marriages has different connotations in the different Southeast Asian states. For example, in Thailand it is more a fluid cultural issue but in Malaysia it reflects great racial schisms with severe legal implications. This book is a welcome one as it examines the issue not only from the perspectives of various Southeast Asian nations but also from so many angles; the legal, historical, social, cultural, anthropological and philosophical. The work is scholarly, yet accessible. Underlying it, there is a vital streak of humanism." - Azmi Sharom, Associate Professor, Faculty of Law, University of Malaya

The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.

This book offers a comprehensive and critical evaluation of the distribution and ownership of digital content within the EU. The analysis builds on the debate surrounding 'digital exhaustion' and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access. For each generation, the supplying act and the ability to further transfer what was supplied is scrutinized in the light of EU copyright and neighbouring rights law. Going beyond a description of case law, this book highlights inconsistencies and frictions caused by the CJEU and addresses the fate for novel business models, hybrid works and neighbouring rights. Finding that copyright is only one part of the puzzle, Simon Geiregat offers broader perspectives to the transferability discussion by involving impeding digital architecture (technical protection measures) and the 'data ownership' debate, and by bringing consumer contract law and property law as well as equal treatment into the analysis. Providing a rigorous overview of the law surrounding digital content, this will be a valuable read for academics and practitioners with an interest in EU copyright and the debates on propertization and transferability in the digital context. It will also be beneficial to music and film organisations and distributors involved in supplying digital content in the European market.

Family Law in Louisiana is designed for use in law school courses that involve the study of the distinctive family law of Louisiana, a law that represents a unique blend of Continental ("civilian"), Anglo-American, and autochthonic legal principles. Topics covered include those that would be covered in a standard textbook on American family law, including prerequisites for and the nullity of marriage; the dissolution of marriage; the incidents of divorce, such as interspousal alimony, child custody, and child support; filiation (paternity); parental responsibility and authority; care for children outside of marriage (tutorship); care for incapacitated adults (curatorship); choice of law; and constitutional constraints on state regulation of family relations. About the authors: Katherine Shaw Spaht is the Jules F. and Frances L. Landry Professor of Law (Emeritus) and former Vice Chancellor (1990-1992) at Louisiana State University's Paul M. Hebert Law Center. Since 1972, she has taught courses in the areas of family law and marital property law. In addition to overseeing the revision of Louisiana's community property law in 1978 and drafting Louisiana's covenant marriage legislation in 1997, she has worked with the Louisiana legislature on such varied topics as needs of women, rights of illegitimate children, "assisted conception," and child support, no-fault divorce, and same-sex marriage. She has been the Reporter of the Louisiana State Law Institute's "Persons & Family Law" Committee since 1981 and also serves on the American Law Institute's Committee on the Principles of the Law of Family Dissolution. Through the years she has produced a significant corpus of publications pertaining to family and marital law, including a treatise on Louisiana marital property law (co-authored with Lee Hargrave), which forms part of the Louisiana Civil Law Treatise Series, and most recently, Who's Your Momma, Who Are Your Daddies? Louisiana's New Law of Filiation, 67 LA. L. REV. 307 (2007). J. Randall Trahan is the James Carville Alumni Professor of Law at Louisiana State University's Paul M. Hebert Law Center. In each of the past ten years, he has taught courses in "family" or "marital property" law. During that same time he has produced several publications related to family or marital property law, including Glossae on the New Law of Marital Donations, 65 LA. L. REV. 1059 (2005); Glossae on the New Law of Filiation, 67 LA. L. REV. 387 (2007); and Prerequisites to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation, in MIXED JURISDICTIONS COMPARED: PRIVATE LAW IN LOUISIANA AND SCOTLAND (Vernon Valentine Palmer and Elspeth Christie Reid eds., Edinburgh Univ. Press, forthcoming 2009); has spoken as a lecturer on "recent developments" in family law at a number of continuing legal education conferences; and has participated in the drafting of reform legislation in Louisiana that has addressed such matters as covenant marriage, no-fault divorce, filiation (paternity), marital donations, and same-sex unions. For the past five years, he has served as a member of the Louisiana State Law Institute's "Persons & Family Law" Committee.

This work examines the requirements for patentability in the context of biotechnology, with a special focus on the non-obviousness requirement. It analyzes non-obviousness as applied to biotechnology molecular products via a review of the relevant case law. The work begins with a typology of recombinant inventions, useful in determining ultimate non-obviousness and patentability. It distinguishes three categories of recombinant products: (1) "Translation" inventions, obtained by entering a known molecular information into a known process, (2) "Molecular modification" products, obtained by modifying prior art molecules, and (3) "Combination" inventions, obtained by combining several known functional molecular units. Recognizing the risk that many translation inventions will be considered obvious upon maturation of the underlying technology, the author examines possible alternatives for protection. The author critiques and ultimately rejects the idea of lowering the non-obviousness standard, elected by the Federal Circuit in In re Deuel. The work describes several current examples of sui generis intellectual property rights and also examines a "no action" scenario, emphasizing that the rapid changes occurring in biotechnology might ultimately make the current problem obsolete. The text also addresses broader issues such as the growing secrecy in basic science and its link to the disappearance of a clear distinction between basic and applied research. Patent law practitioners, inventors and researchers in the biotech world, and their advisors should appreciate this detailed, analysis.

Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.

The leading case of The Mayor, Alderman and Burgesses of the Borough of Bradford v Pickles was the first to establish that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others, or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way.

The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules. The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape. The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions. In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.