Download or read book Damages Injunctive Relief and Other Remedies in Tort and Free Speech Cases written by Russell L. Weaver and published by Cambridge Scholars Publishing. This book was released on 2023-11-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
Download or read book Accountability and Corporate Human Rights Violations in Tort and International Law written by Emmanuel K. Nartey and published by Cambridge Scholars Publishing. This book was released on 2021-10-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Download or read book Commercial Remedies Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Download or read book Suing Government written by Peter H. Schuck and published by . This book was released on 1984-07 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Offensive Internet written by Saul Levmore and published by Harvard University Press. This book was released on 2011-05-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Law Politics and Revenue Extraction on Intellectual Property written by Toshiaki Iimura and published by Cambridge Scholars Publishing. This book was released on 2015-06-18 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines numerous pressing issues on intellectual property rights, such as the updated legal framework on technology transfers in Europe and the US; developments in the unified courts and unitary patent system in Europe; neighboring rights and royalty collection in China; patent securitization; and compulsory licensing. These analyses are complemented by in-depth case studies, and demonstrations of how companies can benefit enormously from an integrated application of all kinds of i ...
Download or read book Remedies for Breach of Privacy written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2018-10-18 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.
Download or read book Legal Perspectives on State Power written by Chris Ashford and published by Cambridge Scholars Publishing. This book was released on 2016-12-14 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Download or read book Current Issues in Administrative Law written by Cătălin-Silviu Săraru and published by Cambridge Scholars Publishing. This book was released on 2020-07-20 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together papers presented at the Ninth International Conference “Perspectives of Business Law in the Third Millennium”, held at Bucharest University of Economic Studies, Romania, on 8th November 2019. It is divided into three sections: “Reconfiguration of administrative law from the perspective of redefining social action and public interest in the state of law”; “Administrative codification in comparative law”; and “Contemporary challenges in European and comparative administrative law”. The book will appeal to practitioners, researchers, students and PhD candidates in juridical sciences interested in recent developments in the field of administrative law at both the international and national levels.
Download or read book Obligation Entitlement and Dispute under the English Poor Laws written by Peter Jones and published by Cambridge Scholars Publishing. This book was released on 2015-11-25 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its focus on poverty and welfare in England between the seventeenth and later nineteenth centuries, this book addresses a range of questions that are often thought of as essentially “modern”: How should the state support those in work but who do not earn enough to get by? How should communities deal with in-migrants and immigrants who might have made only the lightest contribution to the economic and social lives of those communities? What basket of welfare rights ought to be attached to the status of citizen? How might people prove, maintain and pass on a sense of “belonging” to a place? How should and could the poor navigate a welfare system which was essentially discretionary? What agency could the poor have and how did ordinary officials understand their respective duties to the poor and to taxpayers? And how far was the state successful in introducing, monitoring and maintaining a uniform welfare system which matched the intent and letter of the law? This volume takes these core questions as a starting point. Synthesising a rich body of sources ranging from pauper letters through to legal cases in the highest courts in the land, this book offers a re-evaluation of the Old and New Poor Laws. Challenging traditional chronological dichotomies, it evaluates and puts to use new sources, and questions a range of long-standing assumptions about the experience of being poor. In doing so, the compelling voices of the poor move to centre stage and provide a human dimension to debates about rights, obligations and duties under the Old and New Poor Laws.
Download or read book Music between Ontology and Ideology written by Milena Bozhikova and published by Cambridge Scholars Publishing. This book was released on 2020-02-26 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on two main topics related to the essence of music, the first of which problematizes the ontological unity of music, philosophy and mathematics. The second concern of the text is the direction of social ontology or the existence of music in the context of ideological debates about style. The book looks at music’s role as part of social ontology, and the part it played in documentarily recreating the post-Stalinism of the late 1950s and 1960s.
Download or read book The Palestinian Constitutional Court written by Osayd Awawda and published by Cambridge Scholars Publishing. This book was released on 2022-02-06 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.
Download or read book Modern Essays on Nigerian Law written by Remigius N Nwabueze and published by Cambridge Scholars Publishing. This book was released on 2019-10-08 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides critical and in-depth analyses of Nigerian law, with comparisons to the laws of England and Wales, Canada, Australia, the USA and Singapore. It brings together world-class Nigerian legal academics who teach in various and leading law schools across the globe. The contributions represent the entire gamut of Nigerian law, from land law and the Land Use Act, through banking law, to commercial law. They also encompass insights from human rights law and procedures, criminal law, international law and the concept of self-determination, and Internet law and the regulation of electronic commerce. This book will be exceedingly useful to legal practitioners and academics, students and comparatists.
Download or read book Language Acquisition written by Diāna Laiveniece and published by Cambridge Scholars Publishing. This book was released on 2016-03-08 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a selection of articles about research conducted on language acquisition in the Baltic States, namely in Latvia and Lithuania, a field which has witnessed massive growth in recent years. The book begins with an introduction which specifies the problems investigated by the contributions in order to acquaint the reader with current issues and research in linguodidactics and applied linguistics. The volume will particularly appeal to scholars of language acquisition, as well as anyone interested in research and practical activities concerning language education in the Baltic States.The papers compiled here are grouped into five sections: language acquisition in the context of bilingualism and multilingualism; pedagogical factors of language acquisition; research on literacy; language acquisition at an early age; and research in linguodidactics to assist language acquisition.This volume will stimulate the reader to ask questions, think of solutions, argue and propose counterarguments with regards to language acquisition in this region. The driving force in this field is dialogue and argumentative discussion, not utilitarian notes and advice, and, through detailing a range of views on language acquisition problems and perspectives, the book achieves that aim.
Download or read book Experimental Legal Education in a Globalized World written by Mutaz Qafisheh and published by Cambridge Scholars Publishing. This book was released on 2016-06-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice while studying and to contribute to social justice as part of the educational process. Students no longer accept one-way interaction from their professors, and demand interaction with their peers in various corners of the globe. The Middle East is no exception here. Legal clinics can be found in most countries of the region, though there is scant literature on legal education in the area, particularly with regards to clinical legal education. This book fills this gap, and offers comparative cases that will benefit legal educators and justice practitioners in the Middle East and beyond. The region needs reform in all dimensions, including the political, economic, social, religious, legal, and educational. Legal education lies at the heart of securing such long awaited reforms. The book examines legal education within selected locations in the region, underscoring successful pedagogical models from various parts of the world. This peer-reviewed book focuses on practical legal education, where learning is student-centered, particularly clinical legal education, field work, street law, pro bono service, legal advice, simulations, placements/internships, moot courts and mock trials, problem-based learning, case analysis, group work, role-play, and brainstorming. The book brings together 28 chapters written by leading legal scholars from across the globe, all concerned with the advancement of legal education, with making it more interactive, and contributing to bridging the gap between powerful and powerless communities.
