In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.
The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
DeYoung and Gilbert write to help Christians “articulate and live out their views on the mission of the church in ways that are theologically faithful, exegetically careful, and personally sustainable.” Looking at the Bible’s teaching on evangelism, social justice, and shalom, they explore the what, why, and how of the church’s mission. From defining “mission”, to examining key passages on social justice and their application, to setting our efforts in the context of God’s rule, DeYoung and Gilbert bring a wise, studied perspective to the missional conversation.
Readers in all spheres of ministry will grow in their understanding of the mission of the church and gain a renewed sense of urgency for Jesus’ call to preach the Word and make disciples.
Written as a fascinating and enjoyable conversation between the authors – Stefan Olander, Vice President of Digital Sport from Nike and Ajaz Ahmed founder and Chairman AKQA – Velocity's up-to-date examples illustrate key lessons, together with insights, ideas and inspiration that individuals and businesses should adopt to thrive in the digital age.
Velocity shares the vision and values required to succeed with the untold backstories to influential and iconic innovation. Fast paced, useful, provocative and highly motivating, Velocity is a management book that will arm you with actionable ideas to define your future.
- 4 Velocity principles: Speed, Direction, Acceleration, Discipline.
- 7 Laws, including 'A Smith & Wesson beats four aces', 'It’s easier done than said', 'Convenient is the enemy of right' and 'No good joke survives a committee of six'.
Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Table of Contents:
1. The Economic Theory of Property
2. How to Think about Copyright
3. A Formal Model of Copyright
4. Basic Copyright Doctrines
5. Copyright in Unpublished Works
6. Fair Use, Parody, and Burlesque
7. The Economics of Trademark Law
8. The Optimal Duration of Copyrights and Trademarks
9. The Legal Protection of Postmodern Art
10. Moral Rights and the Visual Artists Rights Act
11. The Economics of Patent Law
12. The Patent Court: A Statistical Evaluation
13. The Economics of Trade Secrecy Law
14. Antitrust and Intellectual Property
15. The Political Economy of Intellectual Property Law
Reviews of this book:
Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.'
--Nicholas Thompson, New York Sun
Reviews of this book:
Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable.
--R. A. Miller, Choice
Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate.
--Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World
An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law.
--Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit
The most important book ever written on intellectual property.
--William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee
Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding.
--Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
Writing is your passion. Making a living with your words is your dream. Taking charge of your business is the key to having it all.
The Law (In Plain English)Â® for Writers describes how to take advantage of your skills and profit from your work. It looks at the business of being a writer and explains how to succeed in every area affecting a writer's livelihood. Learn all the essential details of:
Freedom of Information Requests
Book and Magazine Contracts
The ability to work with others is another crucial component in a writer's business. Agents, collaborators and editors can take your work to the next level-discover how to make these relationships work. Designers, illustrators and photographers may be critical to making your writing come alive-use employment and copyright laws to protect yourself. Vanity presses, print-on-demand presses and self-publishing may be your ticket to bigger and better projects-find what you need to know about these alternatives.
For every writer-
whether first-time author, seasoned freelancer or professional journalist-
The Law (In Plain English)Â® for Writers unveils the mysteries of getting published.
Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.
A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
If you think you have a great idea for a new product, book, song, or invention, do not be left out. This groundbreaking new book will guide you step-by-step along the way. This book offers a simple, straightforward introduction to how to protect your idea written in laymanâe(tm)s terms. This book is written for inventors, not attorneys, and for those that want to save thousands on legal fees protecting their ideas and inventions. If you think you have a great idea or invention, you need this extremely detailed and comprehensive guide to the process.
The book covers and easily explains everything needed, from the initial patent search and licensing your idea to filing a successful and financially lucrative application. Even if you ultimately decide to use the services of a patent attorney, which in some cases is recommended, this book will get the process started and still save considerable legal fees.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.
Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed.
Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a “safe harbor” for fan fiction.
In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homocide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
From the Hardcover edition.
JDs, LLMs & SJDs need to be able to communicate effectively and efficiently. This Dictionary will afford Law Students and Law Professors with the resource they need to bring clarity to the burgeoning field of IP Law.
Practitioners & Paralegals of Intellectual Property law must understand, cross-reference and apply intricate terminology. The IP Dictionary gives the Practitioner & Paralegal the ability to easily locate terms and underlying concepts and apply them to their work product.www.TheLawDictionarySeries.com
In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy.
By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.
In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.
Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
The question Mary Frances Berry asks: Whose story most strongly influences the making of legal decisions in the American justice system? Using previously unexamined material from state appellate civil and criminal court cases--cases of rape, seduction, and paternity disputes, and cases dealing with murder, inheritance, and property disputes in which sexual relations are at the heart of the story--Berry takes us through two centuries of American case law to show how attitudes toward gender, race, class, and sexuality have materially affected, and continue to affect, judicial decision-making.
Among the many cases Berry discusses:
Alabama, 1867--A white woman sues her husband for divorce in both the lower and state supreme courts because of his sexual relationship with a former slave, and is denied her petition on the basis that a sexual relationship between a white man and a black woman is "of no consequence."
New York, 1932--In a surprising victory, the longtime mistress of a theater owner successfully contests her lover's will and proves her right to inherit a wife's portion of the estate.
Texas, 1984--A suit by a woman against her female lover ends in a decision that allows the court to avoid acknowledging the existence of a lesbian relationship.
And, in the 1990s, we see the cases of William Kennedy Smith, Mike Tyson, and O. J. Simpson in a new context.
Moving stories, shocking stories, ironic stories, tragic stories--a book that fascinates in terms of its human drama, by its demonstration of the ways in which prejudice affects justice, and by its account of how the law has evolved (or hasn't) as our racial, social, and sexual attitudes have changed.
From the Hardcover edition.
"An essential and valuable contribution to American intellectual history in the last decade of the last century." -- "The American Conservative"
The dominant forces of American conservatism remain wedded, at all costs, to the Republican Party, but another movement, one with its roots in the pre-World War II era, has stepped forth to fill an intellectual vacuum on the right. This Old Right first rose in opposition to the New Deal, fighting both statism at home and the emergence of an American empire abroad. More recently this movement, sometimes called paleoconservatism, has provided the ideological backbone of modern populism and the opposition to globalization, with decisive effects on presidential politics. In "Revolt from the Heartland," Joseph Scotchie provides an intellectual history of the Old Right, treating its main figures and defining its conflict with the traditional left-right political mainstream.
As Scotchie's account makes clear, the Old Right and its descendents have articulated an arresting and powerful worldview. They include an array of learned and provocative writers, including M.E. Bradford, Russell Kirk, Richard Weaver, and Murray Rothbard, and more recently, Clyde Wilson, Thomas Fleming, Samuel Francis, and Chilton Williamson, Jr. Beginning with the movement's anti-Federalist forerunners, Scotchie traces its developments over two centuries of American history. In the realm of politics and economics, he examines the anti-imperialist stance against the Spanish-American War and the League of Nations, the split among conservatives on Cold War foreign policy, and the hostility to the socialist orientation of the New Deal. Identifying a number of social and cultural attitudes that define the Old Right, Scotchie finds the most important to be the importance of the classics, a recognition of regional cultures, the primacy of family over state, the moral case against immigration. In general, too, a Tenth Amendment approach to such recurring issues as education, abortion, and school prayer characterizes the group.
As Scotchie makes clear, the Old Right and its grass-roots supporters have, and continue to be, a powerful force in modern American politics in spite of a lack of institutional support and media recognition. "Revolt from the Heartland" is an important study of a persisting current in American political life.
Joseph Scotchie is the author of "Barbarians in the Saddle: An Intellectual Biography of Richard M. Weaver" and the editor of "The Paleoconservatives: New Voices of the Old Right" and "The Vision of Richard Weaver," all available from Transaction. He is also the author of a biography on the novelist Thomas Wolfe.
""Joe Scotchie's terrific new book solves a Great American Mystery. Why do our conservative intellectuals attack one another more viciously than they do liberals? Why does the splintered movement-Old Right, Neoconservative, New Right, and Beltway Right-behave like old communists who would rather purge each other than carry out the revolution? Why, if a member has some success, as when Pat Buchanan won in New Hampshire in 1996, do the rest attack him until they have assured his defeat? It's an incredible story and you have to read the book to find the answer""-William J. Quirk, Professor of Law, "University of South Carolina"
""As an immigrant, I have always regarded the American conserative movement as the flower of democracy, the real reason for the Free World's victory in the Cold War. But flowers do not grow to the sky and the historic conservative movement is clearly now dead. In this remarkable and erudite account, Joseph Scothie investigates the new shoots that are coming up, traces their roots, and analyzes their future-and America's.""
-Peter Brimelow, author of "Alien Nation: Common Sense About America's Immigration Disaster"
""With truly masterful precision, Joe Scotchie illuminates the myriad dissident strains of American Conservatism which knocked at the doors of power at the end of the Cold War before meeting a fateful rebuff. He tells the story of those distinctive Right wing intellectuals who said "no" to an imperial foreign policy, mass immigration, and a globalized economy. While this band lost the key internecine battles of the 1990s to Newt Gingrich the neoconvervatives, and the politics of Clinton-bashing, in Scotchie' eloquent account their struggle for a conservatism rooted a sense of measure and respect for the American past retains all its piquancy for the decade to come.""-Scott McConnell
Contrary to the frequency claims of excessive leniency on the part of judges that are often asserted by journalists and shapers of opinions, Rossi and Berk find strong correspondence between the median sentences deemed appropriate by the public and the sentences prescribed by the guidelines. Although the authors conclude that the Commission was able to match prescribed punishments closely to the American consensus for most crimes, in one category -- drug trafficking offenses -- the guidelines were much harsher in dealing with offenders.
The national survey used a factorial survey as its design strategy, allowing for analysis of a large variety of federal crimes and variations in the social characteristics of convicted felons. A wealth of detail, along with ample graphic and tabular illustrations, extends the book's application to issues of consensus and variations in punitiveness by region and socioeconomic characteristics of respondents.
Prognosticators apply Monte Carlo Analysis (MCA) to determine the likelihood and significance of a complete range of future outcomes; Real Options Analysis (ROA) can then be employed to develop pricing structures, or options, for such outcomes. Richard Razgaitis' Dealmaking shows readers how to apply these powerful valuation tools to a variety of business processes, such as pricing, negotiating, or living with a "deal," be it a technology license, and R&D partnership, or an outright sales agreement. Dealmaking distinguishes itself from other negotiating guides not only by treating negotiations as an increasingly common situation, but also by presenting a tool-based approach that creates flexible, practical valuation models. This forward-thinking guide includes a variety of checklists, case studies, and a CD-ROM with the appropriate software.
Richard Razgaitis (Bloomsbury, NJ) is a Managing Director at InteCap, Inc. He has over twenty-five years of experience working with the development, commercialization, and strategic management of technology, seventeen of which have been spent in the commercialization of intellectual property.
Fully revised and updated, this sixth edition continues to look at the main themes of EU law in a straightforward and logical manner. Updated to discuss the UK’s increasingly difficult relationship with the EU and recent developments in EU citizenship rights such as the Zambrano decision, this book provides the reader with a clear understanding of EU law, concentrating on how and why the law has developed as it has. A chapter on assessment guidance has been expanded to provide advice on revision, coursework and examinations on the subject of EU law.
This student-friendly text is broad in scope and highly accessible, inspiring students toward further study and showing that understanding EU law can be an enjoyable and rewarding experience.
• Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus
• Book Review, “The Laws of Capitalism,” by David Singh Grewal
• Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace”
• Note, “Data Mining, Dog Sniffs, and the Fourth Amendment”
• Note, “Nonbinding Bondage”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne.
In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications.
The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique.
Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer.
Key cases and legislation are highlighted within the text for ease of reference
Boxed answer plans after each question outline the major points you should be aiming to convey within your answer
The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more.
But don’t just take our word for it!
"The book was an answer to my prayers... I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!"
Azmina Thanda, 2nd year LLB
"The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams."
Deaglan McArdle, 3rd year LLB