The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Cases, Problems, and Materials on Contracts is known for pioneering the problem method of law school teaching. A staple in classrooms for decades, it stands out from other texts in the scope of its coverage and its use of short, carefully-constructed Problems to expose students to new concepts, reinforce what they have just learned, and stimulate thought. The Eighth Edition, the first since the passing of Thomas Crandall and the addition of David Horton as co-author, is more accessible than ever. It introduces complicated issues with a clear narrative summary or explicit statement of black-letter law. The cases have been tightly edited for best effect. The book can also be easily adapted to fit various pedagogical needs. Although it starts with Agreement and moves to Consideration, it is also designed for teachers who prefer to begin with Consideration or Remedies. It can be used in courses that both include and exclude sales. Finally, because it is shorter than most other texts in this field, it works in 4-unit, 5-unit, and 6-unit courses. New to the Eighth Edition: Substantial input from a new co-author means that the book contains scores of new cases, Problems, and narrative introductions to issues. Each opinion has been streamlined to enhance readability. Where possible, applicable Restatement of Contracts and Uniform Commercial Code sections have been printed in the text, saving students the cost of buying separate supplements. Professors and students will benefit from: Coverage of the basics of Contracts Law in a format that allows greater exposure to the legal concepts through the many Problems that fill each chapter alongside the most illustrative cases on point Assessment multiple-choice questions at the end of each chapter that are meatier than such questions in most books, focusing not on the right answer so much as on what real attorneys must consider when confronted with the issues presented The entire books approach not just to teach rules of law but to train students to be lawyers faced with commercial issues. For example, Problems sometimes ask students whether they would be committing malpractice if they took a certain course of conduct, an issue very much on the mind of actual attorneys but seldom mentioned in law school classrooms.
Defiance in the Family follows the treatment of childhood and adolescent defiance through therapy, from intake to termination. The authors take a unique view of defiance as an expression of a child's worry for a family that is not working properly and as the child's means of protecting the inner self in the face of family turmoil.
This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.
The curiosity, entertained by all civilized nations, of inquiring into the exploits and adventures of their ancestors, commonly excites a regret that the history of remote ages should always be so much involved in obscurity, uncertainty, and contradiction. Ingenious men, possessed of leisure, are apt to push their researches beyond the period in which literary monuments are framed or preserved; without reflecting that the history of past events is immediately lost or disfigured when intrusted to memory or oral tradition; and that the adventures of barbarous nations, even if they were recorded, could afford little or no entertainment to men born in a more cultivated age. The convulsions of a civilized state usually compose the most instructive and most interesting part of its history; but the sudden, violent, and unprepared revolutions incident to barbarians are so much guided by caprice, and terminate so often in cruelty, that they disgust us by the uniformity of their appearance; and it is rather fortunate for letters that they are buried in silence and oblivion. The only certain means by which nations can indulge their curiosity in researches concerning their remote origin, is to consider the language, manners, and customs of their ancestors, and to compare them with those of the neighbouring nations. The fables which are commonly employed to supply the place of true history ought entirely to be disregarded; or if any exception be admitted to this general rule, it can only be in favour of the ancient Grecian fictions, which are so celebrated and so agreeable, that they will ever be the objects of the attention of mankind. Neglecting, therefore, all traditions, or rather tales, concerning the more early history of Britain, we shall only consider the state of the inhabitants as it appeared to the Romans on their invasion of this country: we shall briefly run over the events which attended the conquest made by that empire, as belonging more to Roman than British story: we shall hasten through the obscure and uninteresting period of Saxon annals: and shall reserve a more full narration for those times when the truth is both so well ascertained and so complete as to promise entertainment and instruction to the reader. All ancient writers agree in representing the first inhabitants of Britain as a tribe of the Gauls or Celtae, who peopled that island from the neighbouring continent. Their language was the same; their manners, their government, their superstition, varied only by those small differences which time or communication with the bordering nations must necessarily introduce. The inhabitants of Gaul, especially in those parts which lie contiguous to Italy, had acquired, from a commerce with their southern neighbours, some refinement in the arts, which gradually diffused themselves northwards, and spread but a very faint light over this island. The Greek and Roman navigators or merchants (for there were scarcely any other travellers in those ages) brought back the most shocking accounts of the ferocity of the people, which they magnified, as usual, in order to excite the admiration of their countrymen. The south-east parts, however, of Britain had already, before the age of Caesar, made the first, and most requisite step towards a civil settlement; and the Britons, by tillage and agriculture, had there increased to a great multitude [a]. The other inhabitants of the island still maintained themselves by pasture: they were clothed with skins of beasts. They dwelt in huts, which they reared in the forests and marshes, with which the country was covered: they shifted easily their habitation, when actuated either by the hopes of plunder, or the fear of an enemy: the convenience of feeding their cattle was even a sufficient motive for removing their seats: and as they were ignorant of all the refinements of life, their wants and their possessions were equally scanty and limited.
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
This E-Book impressively describes the history of England from the invasion of Julius Cæsar to the end of the reign of James the Second. The History of England (1754–61) is David Hume's great work on the history of England, which he wrote in instalments while he was librarian to the Faculty of Advocates in Edinburgh. It was published in six volumes in 1754, 1756, 1759, and 1761. The first publication of his History was greeted with outrage by all political factions, but it became a best-seller, finally giving him the financial independence he had long sought. Both the British Library and the Cambridge University Library, as well as Hume's own library, still list him as "David Hume, the historian." Hume's History spanned "from the invasion of Julius Caesar to the Revolution of 1688" and went through over 100 editions. Many considered it the standard history of England in its day.
The ballad is an enduring and universal literary genre. In this book, first published in 1972, David Buchan is concerned to establish the nature of a ballad and of the people who produced it through a study of the regional tradition of the Northeast of Scotland, the most fertile ballad area in Britain. His account of this tradition has two parallel aims, one specifically literary – to investigate the ballad as oral literature – and one broadly ethnographic – to set the regional tradition in its social context. Dr Buchan applies the interesting and important work which has recently been done on oral tradition in Europe on the relationship of the ballad to society to his study of this particular part of Scotland. He examines a nonliterate society to discover what factors besides nonliteracy helped foster its ballad tradition. He analyses the processes of composition and transmission in the oral ballad, and considers the changes which removed nonliteracy, altered social patterns, and seriously affected the ballad tradition. By demonstrating how people who could neither read nor write were able to compose literature of a high order, David Buchan provides a convincing explanation of the ballad’s perennial appeal and an answer to the ‘ballad enigma’. His book is also a valuable study in social history of this culturally distinct region, the Northeast of Scotland.
How a Smith aided William Wallace win at Stirling Bridge, in Norman dominated Scotland. James Smith wanted to find his own way in life. Born in Badenoch, southwest Highland Scotland, he was determined to help William Wallace fight against Norman dominance for independence. Smiths were victims of a Moray clearance when Oengus, or Angus Chief of the Chattan and last Mormaor or King of Moray, had fallen at Stracathro to be replaced by a Norman Earl. James, a 3rd generation blacksmith, crossed the Causey Mounth cattle drover road to emerge at Fetteresso, before Durris on the east coast armed with a self-made sword, targe, adaptable skills, and handed down family history shaped by war. His skills served another Earl Moray who declared for Wallace burning out Normans from Dunnottar castle still smoking as they went south for Dundee and Stirling Bridge. This decision shaped the destiny of east-coast Smiths, now told.
The medical model of mental health reduces human distress to a problem of brain chemistry and ignores the vital role of relationships. Here, two therapists invite you into their office to see how symptoms like depression are embedded in family dynamics and healed through family therapy.
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