The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good.

In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates.

The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.

In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which is not solely dependent on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organisation of the law and extends far beyond that jurisdiction.

This book deals with adoption laws and practices in small island developing states in the Pacific. It commences with an introductory chapter giving an overview of relevant laws and practices and pulling together the common themes and issues raised in the book. Each of the following chapters deals with adoption law and practice in a small South Pacific country. The countries in question all have plural legal systems, with systems of adoption and its closest customary law equivalent operating side by side. In most cases, there is an insufficiently developed relationship between the two systems, which has resulted in a number of problems. Additionally, international law adds another layer of complexity. Size and remoteness in the small states under discussion have a profound impact on local practices.

This book gives a brief account of the background to the dual land tenure system in force in Sierra Leone and explains the reasons why the dualism derived from the different colonial experience of the former Colony and Protectorate of Sierra Leone still persists almost fifty years after the two entities were merged to form a unitary State of Sierra Leone. The book gives an account, for the benefit of both law students and legal practitioners, of the main features of the English derived land law in the Western Area and of the forms of land holding in the Provinces which are governed predominately by customary law. The book also highlights the practical problems that legal practitioners may be confronted with in advising clients wanting to enter into transactions involving land in Sierra Leone and in drafting legal documents for the creation or transfer of interests in land in different parts of the country. By giving an account of developments relating to policy initiatives and by laying bare the achievements and shortcomings of land tenure reform to date, the book aims to stimulate debate on current proposals for reform not only among law students and practitioners of the law but also among policy makers and members of the wider non-legal community It offers a brief but constructive criticism of the dual land tenure system and offers some proposals for reform of the system changes in the light of stated policies.

When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.

Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property - the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.

This book offers a guide to intellectual property law in the People's Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors' expertise, it is a valuable resource for foreign lawyers and foreign companies alike.

This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry - aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.

As a 'Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque.This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas: - Legal foundations, mandate and purpose - Decision-making structures, processes and practices - Financial arrangements (such as income sources and the budget process) - Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) - Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.

Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law.Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: To what extent do fundamental rights affect contract law? In which types of cases can fundamental rights be applied? What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation.Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively. For its reframing of old questions and its insightful delimitations of new ones, this book offers a fresh and deeply informed new perspective on this important area of developing law. The discussion, moreover, has received an additional impulse from the debate leading up to the recent agreement on a Reform Treaty regarding the institutional settlement of the Union, which will give a legally binding status to the Nice Charter. For these reasons and others, the book will be of great value to all interested parties in government, business, and legal practice.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix. The editors have organized the book according to the theories underlying the protection of international intellectual property rights. For example, they have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while issues regarding compulsory licensing to ensure public use of certain forms of intellectual property have been illustrated by examples drawn from patent protection. The problem of "harmonization" is addressed through many diverse examples from intellectual property protection. And the closely-related field of the protection of cultural patrimony is also included.

The long-awaited European Unitary Patent and Unified Patent Court will soon become a reality. Companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in 25 EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary patent with effect in the participating Member States. Everybody involved in European patenting will find enormously welcome guidance in this extraordinary book. Written by two outstanding intellectual property experts - one being a lawyer who had a hand in the development of the unitary patent and the other being a reputed Belgian intellectual property judge - it describes in detail all the provisions regarding the new patent and the new court, explaining their rationales and the processes that led to them. Although the Rules of Procedure of the Unified Patent Court still need to be finalized and adopted by the Court, the authors already unravel the proposed Draft Rules of Procedure. The book uses flowcharts as well as plain words to represent each procedural stage of the Draft Rules of Procedure. In this way, a practitioner can focus on each distinct stage as required, while also gaining a comprehensive overview of the proceedings. The complex language issues arising throughout the proceedings are analysed in detail in a supplementary part.

This book discusses patent legal issues regarding inventions in the field of biotechnology. The scope of a patent is of central concern, and since biotechnology is very different from other technologies, the requirements for disclosure and infringement are in focus. Eligibility issues are touched upon, although from more of an explanatory perspective, since the law is settled in this respect. The material for the analyses includes the European practices under the EPC, those of the United Kingdom, Germany, and the US. The mandated exclusions from patentability under the European patent laws of categories of plant and animal subject matter and certain biological processes are also analysed. Claim interpretation is the common theme. The challenge has been to present a comprehensive basis for grasping the substantive law for the field of biotechnology. The book examines thoroughly the differences between practices, and the consequences of those differences for the possibility of being granted a patent for an invention, and the infringement doctrines' effects for what might be called a patent's 'after-life', i.e. the scope of its protection. As for the exclusions from patentability in Europe, the study reveals an inherent inconsistency in article 53(b) EPC, warranting an adjusted and more patent-legal understanding of the concepts. The principal message emerging in this book is the importance of relying on the policy arguments of uniformity and predictability in order to preserve a fair balance between an inventor and third parties, since in reality much of the controversy in this field turns on proper protection.

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.

This work examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of "communication to the public" as the primary right applicable to the dissemination of copyright works in non-material form.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future. The contributions feature copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research. Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law. Contributors: I. Alexander, J. Bellido, C. Bond, K. Bowrey, O. Bracha, E. Cooper, I. Gadd, J.C. Ginsburg, H.T. Gomez-Arostegui, B. Lauriat, N.A. Mace, H. MacQueen, A.J. Mann, S. Ricketson, F. Rideau, C. Seville, M. Woodmansee