Intimate details about the personal lives of medieval people are frustratingly rare. We seldom know what the men and women of the middle ages thought about marriage, let alone about sex. The records of the church courts of the province of York, mainly dating from the fourteenth century, provides a welcome light on private, family life and on individual reactions to it. They include a wide range of fascinating cases involving disputes about the validity of marriage, consent, sex, marital violence, impotence and property disputes. They also show how widely the laws of marriage were both known and accepted. Marriage Disputes in Medieval England offers a remarkable insight into personal life in the middle ages.
"' Then Maud said, "God forbid that you should have the power to know me carnally unless you will marry me." Robert answered, "Behold my oath that if I take anyone to be my wife I will take you if you will yield to me." Maud answered, "Behold my oath that I will be at your disposal." And Robert took her in his arms and threw her to the ground in "Le Kowbos" and knew her carnally.' " --Maud Schipyn and Robert Smyth, October 17, 1355

Relationships between adult partners following divorce or separation can be fragile, and the issues which have divided the parents are often hard to disentangle from the ongoing relationships between parents and children. There is a small group who have ongoing difficulty and who need professional help and legal intervention to make arrangements for ongoing parenting. This volume brings together a wealth of new empirical research from the USA, Central, North Western and Southern Europe, and Australia on the nature and importance of children's relationships with parents after parental separation, on the kinds of conflicts which develop, and on the range of professional interventions which support parents and children through these difficult times.

In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible.
Global Patents: Limits of Transnational Enforcement, by Marketa Trimble, explains why the absence of a "global patent" persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.

The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

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.

This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing.

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.

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 explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.

"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

This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.

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.

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.

Within the broad framework of the common law of tort, the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between the private law sphere of tort and the public regulatory schemes.

The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.

'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

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.

Offers comprehensive guidance for practitioners, students, and researchers in psychology, psychiatry, and counseling to teach relaxation to clients. Two clinical psychologists widely known for their writings on relaxation present state-of-the-art methods for teaching clients to ease muscle and mind tension to deal with stress and anxiety disorders, as well as other conditions where stress and anxiety play a role. Bernstein and Hazlett-Stevens explain who the targets for Progressive Relaxation Training (PRT) are; the rationale, basic procedures, and variations of PRT; the setting and possible problems and solutions of PRT; and how to assess a client's progress. They also address hypnosis, drugs, and PRT, as well as PRT used in a mindfulness-based clinical practice. Case studies and evaluative research in PRT are also included. Students and practitioners in psychology, psychiatry, and counseling will find this work of interest. This book may also be useful supplemental reading for behavior modification courses and practicum courses in behavior therapy. Case studies illustrate techniques Research included shows the benefits of PRT Comprehensive coverage includes rationale, physiology, procedures, variations, problems and solutions, and assessment of progress Descriptions of recent neuroscience research show how PRT correlates in the brain

This book breaks new theoretical ground by constructing a framework of 'relational vulnerability' through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or 'dependency-work', in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.

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.

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.

This kit has everything you need to plan your estate, make decisions about how to divide it, and write your own legal will. It's written by an American lawyer and is 100% legal. Creating an estate plan and writing your own will is easy. You don't have to make a complete inventory of your belongings. Just follow the step-by-step instructions in this book and use the forms to create your own will.

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.