Tài liệu miễn phí Luật học
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FREEDOM OF EXPRESSION
The puzzling thing about most Americans is that they take the law so seriously. I don’t mean they obey the law, nor do I mean that they shouldn’t obey the law. I mean instead that they approach the law with unquestioned reverence. They treat its commands as truths. They register disagreement as problems in themselves, rather than as something the law has missed. Not everyone, of course. But normal sorts are like this. We feel as much entitlement to question the law as we do to question our doctor’s diagnosis of strep throat in our child. ...
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THE RISE OF OPEN SOURCE LICENSING
This book is the result of my PhD studies at the Helsinki University of Technology. I started working towards a doctoral degree right after graduation from the University of Helsinki in 1999. I was supposed to write a thesis in law. Now I need to apologize my then-supervisors profes- sor Niklas Bruun and docent Pekka Timonen not to complete the thesis at the law faculty in four years as was once planned. What happened was that I met my future academic mentor, professor Jukka Kemppinen, who had just started his professorship at the Helsinki University of Technology. He convinced me to change my plans and my university in...
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Patent, Copyright & Trademark
I ntellectual property refers to products of the human intellect that have commerci value and that receive legal protection. typically, intellectual property encom- passes creative works, products, processes, imagery, inventions and services and is protected by patent, copyright, trademark, or trade secret law. the commercial value of intellectual property comes from the ability of its owne to control and exploit its use. if the owner could not legally require payment in exchange for use, ownership of the intellectual property would have litle if any commercial value. ...
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Intellectual Property in the Food Technology Industry
Creativity can create economic value. This maxim holds true equally for the food industry as for other industries. Such value may come from a new innovation, edging out competitors in a market, creating a revenue stream where there was none, or increasing market reputation. This book provides an introduction to intellectual property law, as applied to the food technology industry. This area of law provides the legal framework for bridging creativ- ity and the value that may come from it. Through the proper use of intellec- tual property law, one has a much better chance of transforming creativity into economic value....
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THE INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION POLICY
The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first two parts of the book indicate the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law, the EU, the USA and Japan, and three less populous countries with open economies, Australia, Ireland and Singapore. By setting out the legislative and judicial and administrative alternatives available in those...
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The Political Economy of Intellectual Property Law
The dramatic expansion of intellectual property rights represents a new stage in commodification that threatens to make virtually everything bad about capitalism even worse. Stronger intellectual property rights will reinforce class differences, undermine science and technology, speed up the corporatization of the university, inundate society in legal disputes, and reduce personal freedoms. We have no precise measure of the extent of intellectual property, but a rough calculation by Marjorie Kelly suggests the magnitude of intellectual property rights. At the end of 1995, the book value of the Standard and Poor (S&P) index of 500 companies accounted for only 26 percent of...
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Kernfragen des Unternehmenssteuerrechts
Dem Individualsteuerprinzip – auch Subjektsteuerprinzip – wird als Konkretisie- rung des Leistungsfähigkeitsprinzips traditionell große Bedeutung bei der Beurtei- lung der Einkommensteuer der natürlichen Person beigemessen. Im Rahmen von Personensteuern ist es Maßstab der Bestimmung des Steuersubjekts sowie der Zurechnung von Einkunftsquellen und Einkünften. Unklar ist seine Rolle in der Unternehmensbesteuerung. Werden statt natürlicher Personen Unternehmen oder Unternehmensträger besteuert, stellt sich zum einen die Frage nach der Besteue- rungseinheit, der die Einkünfte individuell zuzurechnen sind. Dabei scheint der Gesetzgeber, weil er in der Unternehmensbesteuerung verstärkt Überwälzungsvor- gänge in die Ausgestaltung des gesetzlichen Tatbestandes auch der direkten Steuern einbezieht, die Subjektbindung der Steuerlast zugunsten einer Einmalbelastung von Gewinnen zurückdrängen zu wollen. In einer...
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WIPO Intellectual Property Handbook: Policy, Law and Use
1.1 Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. ...
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The Making of Modern Intellectual Property Law: The British Experience, 1760–1911
In writing this book we received help from a number of people. We would like to thank in particular David Althus, Kier Ashton, Cate Banks, Robert Burrell, Jeremy Hopgood, and Katie O'Rourke for help with the research; Robert Burrell, Bill Cornish, Shaun McVeigh, Alain Pottage, Alain Strowel, Julian Thomas, Adam Tomkins, and Leanne Wiseman for reading and commenting on drafts; Virginia Catmur of Cambridge University Press for copy-editing the typescript; and King's College Research Strategy Fund and the Institute of Advanced Legal Studies External Research Fund for ®nancial support....
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Biodiversity and the Law
Rabodo Andriantsiferana is a researcher and director at the Centre National d’Applications des Recherches Pharmaceuticque (CNARP) in Madagascar. She is also involved or has been involved in many other organizations and projects, among them: principal investigator in the International Cooperative Biodiversity Group (ICBG) programme in Madagascar: Biodiversity Utilization in Madagascar and Suriname; principal investigator in the project funded by the United Nations Development Programme (UNDP)/ONE: Valorization of Medicinal Plants in Menabe (Morondava) in Madagascar; President of the Interministerial Committee for the Study and Regulation of Traditional Medicine, Madagascar; member of the Regional Committee of Experts for Traditional Medicine in Africa; member of the National Committee Prunus Africana; member of...
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ETHICS AND LAW OF INTELLECTUAL PROPERTY
Dr Roberto Andorno is Senior Research Fellow at the Institute of Biomedical Ethics at the University of Zurich. He received his doctorates in law from the Universities of Buenos Aires and Paris XII, both on topics related to the legal aspects of assisted procreation. Between 1994 and 1998 he taught Civil Law as an Adjunct Professor at the University of Buenos Aires, Argentina. Between 2001 and 2005 Dr. Andorno conducted research on various subjects related to global bioethics and human rights at the Universities of Göttingen and Tübingen, in Germany. From 1998 to 2005 he served as a member of...
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Health Law and the European Union
How does the law of the European Union affect health law and policy? At first sight, the impact of EU law in this area seems limited. However, despite its restricted formal competence, over recent years, the EU has become increasingly involved in the health field. Litigation based on EU law has resulted in a ‘right to receive health care services’ across national boundaries within the EU, whichmay have huge prac- tical implications for national health systems.The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients’ rights are affected by EU legislation on data protection and product liability; the quali- fications of health care professionals...
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Child Abuse And Family Law
Thea Brown is Professor of Social Work and Director of the Family Violence and Family Court Research Program at Monash University. She has served on Family Court committees and on the Commonwealth Family Law Pathways Advisory Group. Dr Renata Alexander is Senior Lecturer in Law at Monash University and a member of the Victorian Bar. She was Deputy Registrar in the Family Court and is the author of Domestic Violence in Australia, 3rd edition. ..THEA BROWN RENATA ALEXANDER Understanding the issues facing human service and legal professionals .The authors wish to dedicate the book to their families.Thea Brown wishes to dedicate it to...
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POPULATIONS, PUBLIC HEALTH, and the LAW
Manypeoplehavehelped make this book possible. I especially want to thank George J. and KathleenWatersMatthews, whose support for scholarship at Northeastern University has made this book possible. I also want to thank my dean, Emily Spieler, for gener- ous research support and a schedule conducive to writing. Many thanks are also owed to my wonderful colleagues at Northeastern University School of Law. In particular, I am grateful to Roger Abrams for insisting that I finally write the book, to Hope Lewis for showing me the connections between population-based legal analysis and human rights, and to Mary O’Connell for always providing encouragement and an open door.A R M E T Georgetown University...
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Giáo trình Luật hôn nhân và gia đình: Tập 1 - Nguyễn Ngọc Điện
Giáo trình Luật hôn nhân và gia đình: Tập 1 do Nguyễn Ngọc Điện biên soạn có kết cấu gồm 4 phần, nhằm làm rõ các mối quan hệ trong hôn nhân và gia đình, luật nghĩa vụ và các mối quan hệ trong đó, bao gồm: Giới thiệu pháp luật hôn nhân và gia đình Việt Nam, thiết lập các mối quan hệ hôn nhân trong gia đình, thiết lập mối quan hệ giữa cha mẹ và con, cuộc sống gia đình, chấm dứt các mối quan hệ trong gia đình, nghĩa vụ cấp dưỡng. Mời bạn đọc tham khảo.
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Giáo trình Luật kinh tế - TS. Nguyễn Thị Thanh Thủy
Giáo trình Luật kinh tế do TS Nguyễn Thị Thanh Thủy biên soạn nhằm trang bị cho người học những kiến thức quy chế pháp lý chung về thành lập, tổ chức quản lý và hoạt động của doanh nghiệp, chế độ pháp lý của chủ thể kinh doanh, giải quyết các tranh chấp kinh doanh và thương mại, địa vị pháp lý của các cơ quan quản lý nhà nước về kinh tế. Mời các bạn cùng tham khảo.
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Sách Xác suất thống kê
Thực hiện một số điều của Luật Giáo dục, Bộ Giáo dục & Đào tạo và Bộ Y tế đã ban hành chương trình khung đào tạo Bác sĩ đa khoa. Bộ Y tế tổ chức biên soạn tài liệu dạy – học các môn cơ sở và chuyên môn theo chương trình trên nhằm từng bước xây dựng bộ sách đạt chuẩn chuyên môn trong công tác đào tạo nhân lực y tế. Sách XÁC SUẤT THỐNG KÊ được biên soạn dựa vào chương trình giáo dục của Trường Đại học Y Hà Nội trên cơ sở chương trình...
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RESPONSIBILITY, LAW AND THE FAMILY
Responsibility, like rights, duties, obligations, justice and fairness, is a concept employed by the law in the ordering, regulation and resolution of conflicts in human life. This book contributes to analysis of responsibility, in which there is currently a renewed interest amongst politicians, in law and in academic research. At the same time, as a term employed by family members to describe the nature of their relationships with one another, responsibility is a concept employed in the ordering and negotiation of family relationships. Yet, it is only recently that its application to family law has begun to be examined. The...
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Q & A SERIES FAMALY LAW Third Edition
Family law can be a fascinating topic; it is so infinitely varied in the different issues that may be encountered, whether in the examination room or in practice. Each family is different and it is a challenge to try to use the law to achieve a practical solution to the problems encountered.
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INTERNATIONAL FAMILY LAW
This question contains three related but distinct questions, all of which pivot on the multiple meanings of ‘international’ in this context. First, why study international family law as opposed to domestic family law? Second, why study international family law as opposed to comparative family law? Third, why study international (i.e. private and public) family law rather than private family law? The answers to these questions explain the purpose, scope, and approach of this book.
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A Practical Guide MENTAL HEALTH LAW
Tham khảo sách 'a practical guide mental health law', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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RETHINKING RIGHTS-BASED MENTAL HEALTH LAWS
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. ‘Rights-based legal- ism’ is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others....
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OCCUPATIONAL HEALTH AND SAFETY LAW: TEXT AND MATERIALS Second Edition
The authors would like to thank the European Agency for Safety and Health at Work, the Health and Safety Executive, the New Law Journal, the Sheffield Information Centre, HSE and the Institute of Employment Rights for giving permission to reproduce materials in this book. Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked, the publishers will be pleased to make the necessary arrangements at the first opportunity.
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A Casebook on Roman Family Law
This Casebook introduces the area of Roman law governing the most personal and urgent problems that free Romans normally confronted: the marital relationship, the power of fathers over their children, and the devolution of property within the family. This area of law is interesting even today because, although many parts of it seem at least generally familiar, Roman family law was organized and developed on lines that are radically, and at times almost breathtakingly, different from any modern legal system. On one level, then, students are invited to think about a set of legal rules that are unlike anything they have ever seen before but that nonethe- less...
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EU FOOD LAW
This is the first comprehensive analysis of the European Union law of food regu- lation. It details the way in which EU law impacts upon the production and sale of food throughout the Union. It examines the legal protection accorded to the free movement of food within the EU, discussing those circumstances in which Member States may derogate from this principle, in particular where this is done to protect human health or safeguard consumer interests. Chapter four discusses and places in context the international trade law influences on EU food law. Chapter five describes EU responses to recent food safety crises – avian influenza and BSE. The book...
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A SPECIALLY COMMISSIONED REPORT NAVIGATING HEALTH AND SAFETY LAW
Health and safety is a vast and expanding subject. New regulations seem to come into force even before the existing legislation is thoroughly adopted by employers. This report has been written to help employers avoid finding out what to do through enforcement action when regulators start asking for documents and procedures that are not familiar. Every endeavour has been made to provide information that is absolutely up-to-date. Fortunately in the UK the regulatory authorities provide for a consultation and lead-in period before the full adoption of changes. The Health and Safety Executive (HSE), who are charged with most of the responsibility, are largely concerned with providing assistance to those...
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Families and the European Union
When this book was first conceived, my aim was to analyse the concept of family employed in a number of different areas of substantive Community law. The thought of writing a book which also included a detailed discussion of the family law of the European Union never entered my head. If it had, I should have thought it would be a very short book indeed. However, in the late 1990s, when carrying out research for an article on the developing concept of family in European Union law, I came across references to family law in discussions regarding the prospects for a European civil code. 1 The deeper I delved,...
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Briefcase on Family Law Second Edition
This text, which comprises a selection of important cases in family law, is intended primarily for law students and others who are preparing for first examinations in this subject area. It is intended to provide a digest of cases which illustrate the application of principles in this field of law. The cases chosen will offer useful adjunctive material for the group of Cavendish publications concerned with family law. For this second edition, cases which are no longer relevant have been omitted, and some 80 new cases have been added. For students who find access to the full reports difficult, there is now a valuable set of summaries of...
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Occupational Health Law Fifth Edition
It is fi ve years since the publication of the fourth edition, and the new century has proved a period of enormous change in the fi eld of occupational health. The importance of trying to reduce the costs of health care has led the government to continue to look closely at the need for prevention in respect of work - related disease, and to consider how occu- pational health cover might be extended to more workers, especially those in small and medium - sized enterprises. The Health and Safety Executive, which in the past tended to concentrate mainly...
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FEMINIST PERSPECTIVES ON FAMILY LAW
While feminist perspectives on all areas of life and law are crucial to achieve a just, nuanced and comprehensive understanding of them, some might think that the family and family law are the first, or at least most obvious, places to start. After all, feminism is concerned to ask questions about the lives of women, and the lives of women have traditionally centred upon their families. In fact, feminist perspec- tives have been offered upon family relations since a recognised feminist move- ment began centuries ago. From these, its ‘first waves’, the feminist movement was concerned, among other things, to secure not only women’s political equality with men,...
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