Entertainment Law and Business is a handy resource for both the experienced and novice practitioner. It provides a broad survey of the entire industry and creative rights laws. It includes incisive summaries of all of the important areas of creative rights law: copyrights, the protection of ideas, trademark, publicity and privacy, and the major international treaties. It also provides an overview of all the major fields of entertainment (and related field of interest for entertainment practitioners) along with illustrative agreements. This is not an esoteric academic treatise. The book aims to aid the practitioner in the practical aspects of entertainment. Hence, the authors have attempted to highlight the key features of the major agreements in each field. They provide insights not only into what the individual provisions of the agreement attempts to regulate, but also the concerns that lie behind those provisions. They point to the types of negotiating strategies important in each agreement, passing on their experience to the practitioner. All of the accompanying sample forms and documents are conveniently included on CD-ROM in RTF (Rich Text Format). RTF allows the user to open each sample clause for use/editing in either Microsoft Word or Corel Wordperfect. Value Package
A litigator's guide to current business torts law, this book provides a concise review of - or introduction to - the important issues, general rules, and major exceptions to the rules in each of the major business torts subjects areas, along with practical guidance through the situations you are likely to encounter in assessing, preparing and presenting a case."--BOOK JACKET.
International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law. This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.
Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.
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 book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. The Fourteenth Amendment addresses many aspects of American citizenship, including the rights of citizens. The most commonly used—and frequently litigated—phrase in the amendment is "equal protection of the laws." This phrase has figured prominently in a plethora of landmark cases in U.S. history dealing with a variety of issues, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in college admissions), and Obergefell v. Hodges (gay marriage). This book closely examines the history and development of the Equal Protection Clause and details the many ways in which it has shaped U.S. history. Selections show how the equal protection clause came into being in the post-Civil War era; feature seminal Supreme Court decisions on the nature and extent of applications of the equal protection clause in American life and law through the years; and include documents that consider the impact that the equal protection clause has had and may have on American society in the 21st century.
Entertainment Law and Business is a handy resource for both the experienced and novice practitioner. It provides a broad survey of the entire industry and creative rights laws. It includes incisive summaries of all of the important areas of creative rights law: copyrights, the protection of ideas, trademark, publicity and privacy, and the major international treaties. It also provides an overview of all the major fields of entertainment (and related fields of interest for entertainment practitioners) along with illustrative agreements. This is not an esoteric academic treatise. The book aims to aid the practitioner in the practical aspects of entertainment. Hence, the authors have attempted to highlight the key features of the major agreements in each field. They provide insights not only into what the individual provisions of the agreement attempts to regulate, but also the concerns that lie behind those provisions. They point to the types of negotiating strategies important in each agreement, passing on their experience to the practitioner. All of the accompanying sample forms and documents are conveniently included on CD-ROM in RTF (Rich Text Format). RTF allows the user to open each sample clause for use/editing in either Microsoft Word or Corel Wordperfect.
For several decades now David Nimmer has maintained a steady flow of insightful, witty, and deeply-informed commentary on copyright in the law journals. His well-earned reputation as a major authority and theorist on copyright law is unassailable. In this new volumeanda companion to his very well received Copyright: Sacred Text, Technology, and the DMCA, published by Kluwer in 2003andNimmer once again tackles some of the thorniest issues that arise in the practice of copyright law, including the following and much more: and the work for hire doctri? and repeat infringers; and fair use determination; and and substantial similarity of computer programs. Although the volume collects articles originally published between 1988 and 2006 (mostly in the past few years), Nimmer has scrupulously updated the texts and woven them together into a unified whole. What the book offers as a result is a microscopic scrutiny of the U.S. Copyright Act of 1976 and all its amendments, with an immeasurable abundance of interpretation grounded in the authorands unmatched familiarity with the law and its application. This is a work that no lawyer handling copyright casesandor indeed no student or scholar of any branch of intellectual property lawandwill want to be without.
Using 10 ready-made lessons, this book equips school leaders with a professional development curriculum to train teachers in areas of educational law that affect their everyday work.
If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2012 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2012 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2012 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2023 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Three proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2023.
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2024 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Five proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2024.
The Law of Health Care Finance and Regulation is based on Part III, “Institutions, Providers, and the State,” of parent book Health Care Law and Ethics and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Key Features: Based on material in Part III of the popular parent book, “Institutions, Providers, and the State,” along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: • Judicial and administrative review of Medicare decisions. Certificate of need laws. Review immunity. Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
Organ transplantation raises singularly difficult ethical and legal issues in its requirement for donated organs. Strategies to facilitate supply in the face of increasing demand must be ethically sound and subject to an appropriate and effective regulatory framework. Professor David Price reviews the ethical principles and positions underpinning such law and policies, probing for coherence, consistency and justification. The book incorporates a comprehensive analysis of existing laws and policies governing transplantation practices around the world. It examines the meaning of death, cadaver organ procurement policies, use of living donors, trading in human organs, experimental transplant procedures and xenotransplantation. Drawing upon a wide range of disciplinary and empirical materials Price explores the balance between the interests of donors, recipients, clinicians, and society, identifying the specific challenges of this subject and seeking to guide current practices and future developments in the context of cultural diversity and pluralistic societies.
The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger.Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms
Beautyscapes explores the global phenomenon of international medical travel, focusing on patient-consumers seeking cosmetic surgery outside their home country and on those who enable them to access treatment abroad, including surgeons and facilitators. It documents the journeys of those who travel for treatment abroad, as well as the nature and power relations of the IMT industry. Empirically rich and theoretically sophisticated, Beautyscapes draws on key themes of interest to students and researchers interested in globalisation and mobility to explain the nature and growing popularity of cosmetic surgery tourism. Richly illustrated with ethnographic material and with the voices of those directly involved in cosmetic surgery tourism, Beautyscapes explores cosmetic surgery journeys from Australia and China to East-Asia and from the UK to Europe and North Africa.
With this comprehensive study, written in lay language, David Fellman provides an up-to-date analysis of the rights of the accused, certain to be welcomed by political scientists, students of public law, and all with an interest in due process of law. Since Fellman's 1958 book, The Defendant's Rights, substantial changes in the criminal justice system have occured. The past few decades before the publication of The Defendant's Rights Today have been witness to a striking expansion of the central concept of due process of law as it relates to criminal justice. The subject of defendants' rights is broad and complex. Fellman here explores its underlying concepts, bringing together a comprehensive discussion of the effects of the criminal justice system on the accused from arrest, through trial, to post-conviction remedies.
Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
This book is a completely revised new edition of the definitive reference on disorders of hemoglobin. Authored by world-renowned experts, the book focuses on basic science aspects and clinical features of hemoglobinopathies, covering diagnosis, treatment, and future applications of current research. While the second edition continues to address the important molecular, cellular, and genetic components, coverage of clinical issues has been significantly expanded, and there is more practical emphasis on diagnosis and management throughout. The book opens with a review of the scientific underpinnings. Pathophysiology of common hemoglobin disorders is discussed next in an entirely new section devoted to vascular biology, the erythrocyte membrane, nitric oxide biology, and hemolysis. Four sections deal with α and β thalassemia, sickle cell disease, and related conditions, followed by special topics. The second edition concludes with current and developing approaches to treatment, incorporating new agents for iron chelation, methods to induce fetal hemoglobin production, novel treatment approaches, stem cell transplantation, and progress in gene therapy.
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